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Pgpm14 infrastructure development
Pgpm14 infrastructure development
Pgpm14 infrastructure development
Pgpm14 infrastructure development
Publicité
Pgpm14 infrastructure development
Pgpm14 infrastructure development
Pgpm14 infrastructure development
Pgpm14 infrastructure development
Pgpm14 infrastructure development
Publicité
Pgpm14 infrastructure development
Pgpm14 infrastructure development
Pgpm14 infrastructure development
Pgpm14 infrastructure development
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Procurement Methods and their Application.Procurement Methods and their Application.
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Pgpm14 infrastructure development

  1. PGPM14 Page 1 ASSIGNMENT NO -4 ON “INFRASTRUCTURE DEVELOPMENT” (PGPM – 14) SUBMITTED TO: NATIONAL INSTITUTE OF CONTRUCTION MANAGEMENT & RESEARCH (NICMAR) PUNE. SCHOOL OF DISTANCE EDUCATION (SODE) By Mr. abc (PGDPM) Reg.no.-abc
  2. PGPM14 Page 2 INFRASTRUCTURE DEVLOPMENT
  3. PGPM14 Page 3 CONTENTS SR.NO. DESCRIPTION PAGE NO. 1 ASSIGNMENT. 4 2 PUBLIC PRIVET PARTNERSHI: 4 3 OPTION OF PPP: 5 4 WHAT IS BOT? 6 5 CASE STUDY: MUMBAI METRO 9
  4. PGPM14 Page 4 ASSIGNMENT: Public Private Partnerships refers to arrangements, typically medium to long term, between the public and private sectors whereby some of the services that fall under the responsibilities of the public sector are provided by the private sector, with clear agreement on shared objectives for delivery of public infrastructure and/ or public services. A PPP is generally a contract or agreement to outline the responsibilities of each Party and clearly allocate risk. In a BOT arrangement, the private sector designs and builds the infrastructure, finances its construction and owns, operates and maintains it over a period, often as long as 20 or 30 years. This period is referred to as the "Concession" period. Such projects provide for the infrastructure to be transferred to the Government at the end of the concession period. There are a number of major parties to any BOT project, all of whom have particular reasons to be involved in the project. The Contractual arrangements between those parties, and the allocation of risks, can be Complex. Explain in detail structuring of BOT projects. PUBLIC PRIVETPARTNERSHI: A business relationship between a private-sector company and a government agency for the purpose of completing a project that will serve the public. Public-private partnerships can be used to finance, build and operate projects such as public transportation networks, parks and convention centres. Financing a project through a public-private partnership can allow a project to be completed sooner or make it a possibility in the first place. The private sector is playing an increasingly crucial role in the financing and provision of services that were traditionally the domain of the public sector. One of the key reasons is that governments are unable to cope with the ever-increasing demands on their budgets. Most infrastructure expenditures in developing countries have been funded directly from fiscal budgets but several factors such as macroeconomic instability and growing investment requirements have shown that public financing is volatile and, in many countries, rarely meet crucial infrastructure expenditure requirements in a timely and adequate manner. Furthermore, there are efficiency gains arising from innovation, management and marketing skills offered by the private sector and greater incentives for the control of construction, operating and maintenance costs. More so, the provision of additional finance for infrastructure projects enables projects to be brought forward in time, thus generating earlier economic benefits. The diagram below illustrates the continuum of options for involving the private sector in the provision of infrastructure delivery.
  5. PGPM14 Page 5 Diagram 1: Range of Private Sector Options At the left are supply and service contracts, which tend to be of short duration and requireless private commitment than the options higher in the continuum. The private contractor is not directly responsible for providing the service, but instead for performing specified tasks, such as supplying inputs, constructing works, maintaining facilities, or billing customers. At the left are the longer term arrangements which require significant private sector commitment. OPTION OF PPP: There is a range of options for involving private sector participation that vary with regards to ownership, operations and maintenance, financing, risk allocation and duration. A summary of these options can be viewed in Table 1. Table 1: Allocation of key responsibilities under the main private sector participation options Option Asset Ownershi p Operations and Maintenanc e Capital Investme nt Commerci al Risk Duration Service contract Public Public and Private Public Public 1-2 years Manageme nt contract Public Private Public Public 3-5 years Lease Public Private Public Shared 8-15 years Concession Public Private Private Private 25-30 years Build Operate Transfer Private and public Private Private Private 20-30 years Divestiture Private or private and public Private Private Private Indefinite (may be limited by
  6. PGPM14 Page 6 license) Service contract Under this option, the private sector performs a specific operational service for a fee, for example meter reading, billing and collection. Management contract In this option, the private sector is paid a fee for operating and maintaining a government- owned business and making management decisions. Lease Under the lease option, the private sector leases facilities and is responsible for operation and maintenance. Concession Under concessions, the private sector finances the project and also has full responsibility for operations and maintenance. The government owns the asset and all full use rights must revert to the government after the specified period of time. WHAT IS BOT? BOT is the terminology for a model or structure that uses private investment to undertake the infrastructure development that has historically been undertaken by the public sector. 5 In a BOT project, a private company is given a concession to build and operate a facility that would normally be built and operated by the government. The private company is also responsible for financing and designing the project. At the end of the concession period, the private company returns ownership of the project to the government (although this need not be the case). The concession period is determined primarily by the length of time needed for the facility’s revenue stream to pay off the company’s debt and provide a reasonable rate of return for its effort and risk. The table provided below reviews the BOT option and its variants, describes some characteristics of these different procurement arrangements and depicts the relationship between these different procurement methods and the financing of the project.
  7. PGPM14 Page 7 BOT PROJECTPROCUREMENTSTRUCTURES BOT Project Type Characteristics Build Own Operate Transfer (BOOT) • The service provider is responsible for design and construction, finance, operations, maintenance and commercial risks associated with the project. • The service provider owns the project throughout the concession period • The asset is transferred back to the government at the end of the term, often at no cost. Build Own Operate (BOO) • Similar to BOOT projects, but the service provider retains ownership of the asset in perpetuity. • The government only agrees to purchase the services produced for a fixed length of time Design Build Operate (DBO) • A design and construction contract linked to an operation and maintenance contract. • The service provider is usually responsible for financing the project during construction. • The government purchases the asset from the developer for a pre-agreed price prior to (or immediately after) commissioning and takes all ownership risks from that time. Lease Own Operate (LOO) • Similar to a BOO project but an existing asset is leased from the government for a specified time. • The asset may
  8. PGPM14 Page 8 BOT projects, when properly designed, offer significant potential for technology transfer and local capacity building as well as helping develop national capital markets. Advantages and Challenges of the BOT Approach The BOT approach has many potential advantages, some of which have been alluded to above, and is a visible alternative in most countries to the more traditional approach using sovereign borrowings or budgetary resources. These are captured in the box provided below. Some challenges that should be taken into consideration include the length of time required to develop and negotiate BOT schemes, the need for a suitable political and economic climate, and a defined regulatory environment. In short, the BOT approach requires an environment that is conducive to private sector investment. The economic costs associated with BOT projects include the following: • Costs due to imbalance in experience. Governments with little experience in BOT contracts are advised to initiate BOT projects on a manageable scale and seek professional advice to compensate the often greater experience of the private sector. • User costs imposed for the first time or increased to match market rates. The economic costs of public services, once covered by the Government, then become financial costs for the user. • Overpriced supplies. Potential conflicts of interest on pricing among the project sponsors must be monitored. Care must be taken to ensure that sponsors who supply goods or services to the project do so on a fully competitive basis. • High financing costs. Financing costs for BOT projects tend to be high, as the legal fees associated with their contractual arrangements are much higher than those of standard commercial contracts. The complexity of the credit means that lenders need more time than usual to assess a project’s merits and will tend to charge higher fees. Given the importance of infrastructure investment to national development it is essential that the wider socio-economic costs and benefits associated with a BOT scheme are taken into account when designing the legal framework to promote private sector investment in such projects.
  9. PGPM14 Page 9 CASE STUDY: MUMBAI METRO 15.1 Project Description Toaddressbothpresentandfuturepublictransportationneeds,theGovernmentofMaharashtra (GOM)throughtheMumbaiMetropolitanRegionDevelopmentAuthority(MMRDA)hasplanned a 146 kilometre long rail based Mass Rapid Transit System (MRTS) for Mumbai. ThisprojectisthefirstcorridoroftheproposedMRTS.TheVersovaAndheriGhatkoparlineshall beanelevatedlinewitharoutelengthof11kms,with12stationsandacardepotsituatedatD.N. Nagar.Thelinewillhaveaminimumcurvatureof100metersandminimumgroundclearanceof5.5 meters.Thelengthandwidthofthecoachesthatshallplyontheroutewillbe22metresand3.2 metres,respectively.Othertechnicalfeaturesoftheprojectinclude25KVACoverheadequipment, cabsignallingwithautomatictrainprotection,andamaximumspeedof80kmphwithanaverage speed of 33 kmph. MumbaiMetroOneisgoingtorunonadedicatedelevatedcorridorandshallhavehighlevels ofcomfortforthepassengersviz.fullyair-conditionedworldclasscoaches,provisionforlifts andescalatorsatstations,modernautomaticfarecollectionsystemandhighlevelsofpassenger security systems. Theexistingsub-urbantrainsconnectthenorthernandsouthernpartsofthecity.Thisprojectwill provideEast- WestrailbasedconnectivitytoCentralandWesternsuburbs.Thetotaltimetaken forthejourneyfromVersovatoGhatkopar wouldbeapproximately21minutes,asagainstatypical time taken of 90 minutes by other modes of transport. 15.2 PPP structure of the Project AconcessionagreementonBOOTbasisforaperiodof35years,includingaconstructionperiodof 5years,hasbeenawardedbytheMMRDA.Undertheconcessionagreement,theoperatorhasto design,finance,construct,operate,ownandmaintainthefirstcorridorandtransfertheownership and assets at the end of the concession period. ASpecialPurposeVehicle(SPV)namedMumbaiMetroOnePrivateLimited(MMOPL)hasbeen formedwithRelianceEnergyLimited,VeoliaTransportandMMRDAholdingequitystakesof69%, 5% and 26%,respectively. Thisprojectwasoneofthefirstprojectsinmasstransportationsystemsbeingimplementedon aPPPbasisinMaharashtra.Thegovernmentthusfelttheneedtocloselymonitortheprojectand tooka26percentstakeintheSPVimplementingtheproject.Thisallowedthegovernmentto have 3 members on the board of the SPV and ensured that it would be able to effectively monitor andinfluencedecisionsonfinancing,designandconstructionfortheproject.TheMMRDAwill contributeequitytothetuneof` 134croreforthis26percentstakeintheSPVduringthe construction phase of the contract. Theassetsoftheprojectincludetheviaduct, stations, bridges, depot, rollingstock, signalling system,tractionandSupervisoryControlandDataAcquisition(SCADA)system,communicationssystems,trackwor k,farecollectionsystem,etc.AlltheseareownedbytheSPV.Theassetsshallbe constructedorprocuredthroughcontractorsandequipmentsuppliers.Forexample,thesignalling systemshallbeinstalledbySiemenswhilethecommunicationssystembyThalesInc.andtherolling stockshallbeprocuredfromCSRNanjing.Thelandforthedepothasbeentakenonalongterm
  10. PGPM14 Page 10 leasewhichisrenewablefromtheownersoftheland.TheSPVholdstheexclusiverightstodevelop and use the land for the MRTS Project 15.3 Current Status TheconstructionhascommencedfromFebruary,2008andtheprojectachievedfinancialclosurein October 2008.The completion date for the project construction is expected by mid 2011. Atpresent,theconstructionoftheviaductisunderwaywith773pilesbeingdugup.Theconstruction oftheDepot,SubstationandStationshasalsocommencedalongtherouteoftheproject.Workhas alsocommencedontheconstructionof2overheadbridgesatAndheriStationandtheWestern Express Highway. 15.4 Financing Information Thetotalprojectcostisestimatedat`2,356crores.Theprojectshallbefinancedonthebasisof aViability Grant of`650 crores contributed by the Government of India (`470 crores being 20% oftheprojectcost)andGovernmentofMaharashtra(`180croresbeing7.5%oftheprojectcost). Theremainderistobefinancedby70%debt,30%equity.TheprivateoperatorandMMRDA shall provide equity contribution of`466 crores in proportion of their equitystake.The private operatorhasalsoarrangeddebtof`1240croresfortheproject.Thishasbeentiedupfroma consortium of banks ledby IDBI,Corporation Bank,KarurVysya bank,Canara Bank,Indian Bank andOrientalBankofCommerce. IIFCL(U.K.)isprovidingtheforeigncurrencyloanforthe project. 15.5 ProcessAnalysis Conceptualisation and Feasibility TheGovernmenthadbeenexploringtheviabilityofvariousmasstransitsystemsthatareefficient, economicallyviableandenvironmentfriendly.Inthiscontext,adetailedfeasibilitystudywascarried outundertheIndo-GermanTechnicalCo-operationbyentrustingtheconsultancyworktoTEWET in association with DE-Consult &TCS,during 1997-2000. ThestudyrecommendedamasstransitcorridorfromAndheritoGhatkoparaspotentiallybankable andeconomicallyviable,afterexamininganumberofalternativecorridorsandalignments.Itwas then decided to bid out the project on PPP basis. Tomanagethetransactionprocess,aconsortiumconsistingofLouisBergerastechnicalconsultants, PriceWaterhouseCoopers(PWC),MasonsandEconomicLawPracticeswasappointedin2003-04 to assist MMRDA. Procurement TheprojectwasapprovedbytheGovernmentofMaharashtrainAugust2004andglobalbidswere invitedinthesamemonthfortheprojectthroughanExpressionofInterest(EoI).Almost150 bidders responded to the EoI and a pre-bid meeting was held in November 2004. The suggestions of prospective bidders were incorporated in the agreements being prepared for theproject.Thebidprocessconductedwasessentiallyatwostagebid-process,i.e.technicaland financialstage. Only those consortia whose technical bids met the technical criteria were allowed to submit financialbids.Technicalbidswereinvited fortheprojectinMay2005.Theconsortiathatsubmitted bids were: • Hindustan Construction Company and RITES
  11. PGPM14 Page 11 • Reliance Energy Limited and Connex-France • ShaktikumarSacheti Limited and Lingkaran Metro • Siemens, L&T, Gammon, BEML • IL&FS and ITDThailand and Unity Infraprojects The consortia which qualified to submit financialproposals were: • Reliance Energy Limited and Connex-France • Siemens, L&T, Gammon, BEML • IL&FS and ITDThailand and Unity Infraprojects FinancialproposalsweresubmittedinJanuary2006onlybytheRelianceEnergyandIL&FSconsortia. The Siemens consortium withdrew their bid. Afterthebidprocess, negotiationscommencedwiththelowestfinancialbidder, i.e. Reliance EnergyandConnexFrance.VeoliaTransportandHongKongMRTweretheothermembersofthe consortiumprovidingtechnicalknow-how.FromFebruarytoMay2006negotiationswerecarried out with the lowest financialbidder. TheREL-ledconsortiumexpectedanEquityIRRof26%butthegovernmentwasabletonegotiate foralower returninlinewithinternationalexperience.Theconsortiumfinally agreedonanEquity IRR of 15% on their investment.This brought down theVGF to `650 crores. AnapplicationforVGFwassubmittedtotheGovernmentofMaharashtrainJune2006afterthe successfulbidderwaschosen.TheprojectfaceddelaysinobtainingapprovalforViabilityGap Funding(VGF)astheprojectwasconceptualizedbeforethemodelconcessionagreementwas putinplace.ItsconcessionagreementwasbasedonthemodelconcessionagreementofNational HighwaysAuthority of India. Moreover,thePublicPrivatePartnershipAppraisalCommittee(PPPAC)atthecentralgovernment levelhadnotbeenconstitutedtillthattimeandonlytentativeguidelineswereinplaceforthePPP agreements.Therefore,atthattimevariousoptionstoobtaingrantfundingwereexploredincluding obtaininggrantfundingthroughtheJnNURMscheme.However,theJnNURMfundswerecapped at10%oftheprojectcost.TheissuewasfinallyresolvedbygrantofVGFintheformofaspecial onetimegrantgiventothestate.TheGoIagreedtogiveaspecialgrantof20%oftheprojectcost. Inaddition,theGoMapprovedagrantof7.5%ofprojectcost.Thedocumentationandapproval processtooksometimeandthe formal approval forVGFof`650croreswasobtained muchlater by January 2009. Development ThedevelopmentphaseoftheprojectwasinitiatedinparalleltotheVGFapprovalprocess.Major milestones achieved in the development phase are presented below: • The SPV was incorporated in December 2006. • TheEngineeringandProjectManagementConsultants,aconsortiumofParsonsBrinkerhoff (USA) and Systra SA (France) joined the team on February 14,2007 • SigningoftheConcessionAgreementandShareholdersagreementtookplaceonMarch
  12. PGPM14 Page 12 7,2007 • MMOPLandGovernmentofMaharashtraenteredtheStateSupportAgreementonApril 20,2007 • Construction commenced on February 8,2008 • Financial Closure for the project completed on October 3,2008 Allmajorcontractsfortheprojecthavebeenawarded.Atpresent,90%oftheRightofWayhasbeen handedovertoMMOPL.Utilities,mapping,conditionsurvey,andtheworkforutilityshiftinghas beencompleted. 70%ofthefoundationworkhasbeencompleted.Girderlaunchinghasstarted atcertainstretches.TheconstructionoftheDepot,SubstationandStationshasalsocommenced alongtherouteoftheproject. Workhasalsocommencedontheconstructionof2overhead bridges atAndheri Station and theWestern Express Highway. 15.7 Key Learning and Observations 1. Expeditingthebidprocessiscriticaltoensuringagoodresponsetotheproposal:The entirebidprocessforchoosingthesuccessfulbiddertookmorethan2years.Thisled toalessernumberofbidderstobidfortheproject.Similarhurdleswereexperienced inthebidprocessfortheMetroLine2astheconcessionagreementwasbasedon themodelconcessionagreement.Thisagreementhoweverhadtobetailoredforuse forimplementationofametrosystem.Thesedelaysresultedinonlyonebidderfinally submitting a bid for the project. 2. DelayinObtainingVGFapproval:Therewassubstantialdelayinobtainingapprovalfor VGFfromtheGovernment.Whilethiswasattributedtothemodelconcessionagreement notbeinginplace,thePPPAppraisalCommitteenotbeconstitutedandonlytentative guidelineswithrespectto VGFapprovalbeingavailableatthetime,thisissuewasa deterring factor for developers and is also likely to have impacted the level of interest in the Phase 2 bid. 3. Delayinapprovalscanpotentiallyderailtheproject:Therewasadelayinobtaining approvalsfortheoverbridgethatpassedovertherailwaylinefromtherailwayauthorities. Thishadthepotentialofdelayingtheprojectschedule.Thiswasduetotherailways exploringthe feasibilityofanotherprojectinvadingthepathofthemetroline.Howevera quick resolution of this issue ensured that work was able to continue.It is recommended that authorities be cognizant of all other upcoming infrastructure projects that have the potential to affect operations of the planned project while bidding out such projects and resolve the same prior to the appointment of a developer. 4.LandAcquisitionprocesscanleadtoissuesintheproject:Thegovernmentcommittedthat thelandfortheprojectwhichessentiallyconsistsoflandallocatedforthedepotwouldbeprocuredasperthelandprocu rementscheduleprovidedintheagreement.However,this landwasunderprivateownershipandunderdispute.Thisexposedthegovernmenttothe risk of land not being available for the depot thereby bringing in a possibility of derailing theproject.Theissuewasfinallyresolvedbytheprivateownerofthelandagreeingto allocate 75% of the land for the development of the project on the condition of the governmentgrantinghimtherighttotheFloorSpaceIndex(FSI)availableovertheentire plotoflandfor25%oftheland.Thislandhasbeenprovidedonanominalleaserentto the concessionaire for the concession period.It is recommended in the future concerns
  13. PGPM14 Page 13 suchastheseareaddressedbeforetheprojectprocurementstageitselftoensuresmooth functioning of the project. 5. ClearSpecificationsonAssetTransferontermination:Ontheterminationoftheproject throughtheeffluxoftime,5yearsbeforetheexpiryoftheconcessionperiodasurveyof the assets would be carried out to determine whether they are in working condition as givenintheagreement.Thesurveyistobecarriedoutbyanindependentengineerbased onascheduleofspecificationsontheconditionofassets.However,thescheduleinthe concessionagreementdoesnothaveclearandrobustspecifications.Thereisthusarisk of a difference of opinion between the concessionaire and the government and this can potentiallyleadtoadispute.Thegovernmentcouldmanagethisbetterbyincorporating clearand robustspecifications ontheconditionit would wanttheassetsto behanded over to the government. 6. PublicSupportfortheproject:Foraprojectofthismagnitude,itisimportantforthe governmentagencytogarneradequatepublicsupporttoensuresmoothimplementation. MMRDA ensuredadequatepublic support for land acquisitionandroadexpansion activities byadialoguewiththeaffectedindividuals.Despitetheseefforts,theprojectwas susceptible to delays and similar difficulties are also being experienced in phase 2 of the project. 7. RoleofGoodProjectPreparation:Theviabilitygapfundingusedintheproject(`650crore) makesupasignificantcomponent(27.5percent)oftheprojectcost.Thisprojectcosthas beensharedbetweenthecentralandstategovernments.Theinitialquotesubmittedby thesuccessfulbidderquotedanamount(`1250crore)whichwassubsequentlyrevisedto thecurrentfigure throughnegotiations.Thus,thereisanincreasedneedforgoodproject preparation prior to the procurement process to ensure that the fair bids are received for the projects.Thiswould eliminate private operators colluding with each other and/or speculative bids.
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